Jaspal Kaur Alias Pinki And Others v. State Of Punjab And Another



    
 





  
 

 !

"#

!$%&%"'

( ( ) * + *)

+ 

)













) 











, * ( )




)*   
  


 


   
 





 
 


)*

- ( ./01 ! "

 #
 

 
$#
% # 
&'


 #
(&)
(*+,,

,-,,

,*-.,-,, /0 
1!2

3



 

!,




 

 

4'
 '
5' 


,--6 /
 
75
72

'

#


,*-.,-,,
/0 
1 ,2
 3
" 
& 


 

 
, "
 



 
 

' #



(,
 '8

 
#


9 ' 
#  #

$


 ' 
"
 



 
' '

   3#
 
"



(,

 



!,



 

5 
"

'



# 
 


  

'3
  
9 


#  
 
 
 ,*-.,-,,






 
#
 
 '3
''

 


'


* : 
 








 


 



 


'



'3  

 


'


"3








7 

7
  

,
/%2

5

  3


 #3

 
3
#  
" 


 




'

#
'


# 

   






 
+ ;



 #'
  

 
6 

9 #
<

=7
 '
& 

$#  #
9 
>
>
:




       





#'

=7  '
& 


  

!""# $  %   &'(  ))*












!,

 
!*

5

"



3
=7  '
& 

 

                  

  



      

         !"         #!   

   

      ! #   

      



    !  $%  " !"     #  & '   (    )    %* % *" 

   #

 

 %    +% %%*"   

 # 



  #  ,  

  

   #  #  -       !  



#    !

   .    /     #  0 #  -    

  



 #  "    

     $  1  "  

  #  #      

 &   .      

  -    0 2  

    "   !     # 0   -  "           3*    .      

     

           

     !

# "

      #  ."            

&          

    

  4 ? '

  


#'

=7
 '
&  

%
 

 


 

!,


 !*

5









 '









 
'3







 

!,
 
%

'






(
3  
 

!*

5



$
#8

 







3
#  
6!



9 #
<

=7
 '
& 
 +##



+##

 , + &- ( --  '' 
#

 

 

!,

5
 


 #
 

!,

5

 


  "

0 

 



 We have already mentioned the prayers which were made by respondent no.1 in the original petition and prayer 'A' thereof relates to Section 9. However, in prayer 'B', the respondent no.1 also sought relief of grant of monthly maintenance to her as well as her children. This prayer falls within the ambit of Section 20 of the DV Act. In fact, prayer 'A" is covered by Section 18 which empowers the Magistrate to grant such a protection which is claimed by the respondent no.1. Therefore, the petition is essentially under Sections 18 and 20 of the DV Act, though in the heading these provisions are not mentioned. However, that may not make any difference and, therefore, no issue was raised by the appellant on this count. In respect of the petition filed under Sections 18 and 20 of the DV Act, the proceedings are to be governed by the Code, as provided under Section 28 of the DV Act. At the same time, it cannot be disputed that these proceedings are predominantly of civil nature.

 In fact, the very purpose of enacting the DV Act was to provide for a remedy which is an amalgamation of civil rights of the complainant i.e aggrieved person. Intention was to protect women against violence of any kind, especially that occurring within the family as the civil law does not address this phenomenon in its entirety. It is treated as an offence under Section 498A of the Indian Penal Code. The purpose of enacting the law was to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. It is for this reason, that the Scheme of the Act provides



that in the first instance, the order that would be passed by the Magistrate, on a complaint by the aggrieved person, would be of a civil nature and if the said order is violated, it assumes the character of criminality.

6,

#
9 #
<


=#
& 

.

  

/

0" 

 -   0 *')-





 
5



 %

'


  

,/ 2

& &
;


 




# 
3
#  
 
5

 
 
 


 

*!

5



' 

  

 


 
' 
 


6* 
5 
<


=#
& 

1 

!   !+2 &(   0 )34*

 

 
 
,,@

& 

; 

% 


  

5



'
;

 

 

!,

5

 


   

 

+A,
& &

'
# 

 B


  #




!,

5 
C ;


 

 
'#
 
<  %
 

 

!,

5

  

 
=#
& 
 

+A,
& &



 
,,@

 & 

'
'


 

?
<



=#
& 

+ .  "

+5    0 3)3
?
<
3#
 
 

#'




#'

=7
 '
& 




        
+#



+#

 , + 

 &- ( --  ''

  /2 



' 
 

!,

5

 

C/!2

5




'


  

, / 2

& & /2 "
  

#8
 
 
!.-
& &







 #
 
5

"

 
#  
 

 
 


0#




 #





!*

5

;



 
'' 

C!
& &
/2 
 #
 
& 
;

5



  '
 #


#  
0 

 


 # #


' 

 

!A1,*

5

  
0  #
 


 

!,

5



  '
& 
/2 

 

+A,

& &

 '
# 




 

!,

5

"


!,

5

 

 
 

+A,

& &


'


 
,,@ 

& 

; 

'

'
# 

 $

 


/2  


 





  3
 
 


 
 
3
 
 # 
  /2
;














2

 #

 

 3


 

!*

#   '3


 '




/

 /2 ;


'  3


#  




 

 
 3








 

!,
 5

"
#  



3

'




#





   
"
#  
' 

 


'


'







   /2

 





'

 
 ,-+
& &


 #
 
5


 
 


   / 2




 /02

;

 


## 






  

 





'3


' 3


/02 
##   3
'3
$
 


,6 
 8
#  

 
' 3

$
3
 
 

/02 ;

 





3
#



 #



3

#  



'   '





 3





3


'

 3



  
/02 "
#  



 '

  
) 
;

!-
/,2

&&


 


   


 
5




# 


 
 

'

 




& 
 '
#
 3
#

  3
  


 
/02 (
 

=#
& 
 

*.@



& &




+A,
& &

'
#  
 




& 
 

,.

5

 








 #
 #

 #
 #


   
 


'



 '




  #



  


 '
 # @ ? '


 #'
#
 
  
 /2   

!,

5

 

  
(




!*

5




''

 

C!

& &
"
 
 
3
=7
 ' & 


  
/ 2










!*

5

/2 
 

+A,
& &


' # 


!,





 

!*

5 
/2 
 

3



& 
 

,.




 
 
 
 

*.@




+A,


#
 

3



&   

,.


'
/2  





3

'


' 


#

 

!*

5



 




'
3





# 

'3

 

 


 '

 3




#  









A )
#
 

   #' 
   




+A,
& &



#





 

!,

5




 
 !*

5



'
 

3

#  
'3 
 

 




%
'3
  

 


3
#
. ? '

  

 

'




(,

 

!,

5

# 


#


 


 

#  
 



,*-.,-,,








 




;



 
3
=7
 '
& 


/ 2

+##


/ 2

?
<



=#
& 

+ . / 2




 '
 



 3

'








# 

'3


3




' 

#  






 
% '3



!,

5

# 


 
!- "
& 

  

 3 3

 
  

& 
 

+A,
& &


#

 
!,



 

!*

5

;

 
 

 
 
#
 


*.@B+-!

& &
# 
 

3



& 
 

,.

5 
;


#'

=7
 '
& 
?
< 

=#
& 




'' 
#


3 # 

  3
 
 
 #

 #'




& 









#
 
   


 




&  /2 ;
 



!,

5




'3


'3



 

!*
 5

(


 
 
'3






  "
#  

0 



3

'
%

  




 3
3
##  

/2 "




'3


%   


 
 
 #
 D
/2 ;
 





3




 # 

 



'3


 '
 3




#  

0 






  D /2 ;
 





 $#
  ' 



 





#   
 '



,6

5


0 



  

 

 



#

 '

  !! 5




 '


!, "
#  
 


& 
  

   3

 #'


5  




9 #





5  

 
#

 




& 

.



)*

  ,+-+,-,*

4

$#B  

B( 5 )  #  678